Nelson HRC – 10 June 2007 – Race 8

hearingid: 397339cd66131997e2b55c6b2778ba2d

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hearing_racingtype: harness-racing

startdate: 10/06/2007

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hearing_title: Nelson HRC - 10 June 2007 - Race 8

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Following the running of Race 8, the Waimea Print (Richmond) The Signman Mobile Pace, an information was laid by Stipendiary Steward Mrs K. R. Williams against Mr R. P. Nyhan, the driver of "Smart Hanover" (7), alleging that Mr Nyhan had committed a breach of Rule 869(4)

This matter was heard at the New Zealand Metropolitan Trotting Club's meeting at Addington Raceway on 22 June 2007.

Following the running of Race 8, the Waimea Print (Richmond) The Signman Mobile Pace, an information was laid by Stipendiary Steward Mrs K. R. Williams against Mr R. P. Nyhan, the driver of "Smart Hanover" (7), alleging that Mr Nyhan had committed a breach of Rule 869(4). The charge reads as follows.

"I the above named informant allege that the above named Defendant committed a breach of Rule 869(4) in that R. P. Nyhan drove in a manner causing interference when moving Jaccka Magnum (J. Cox) onto Emma Rose (J. T. Keast) resulting in Emma Rose breaking and losing all chance."

Rule 869(4) reads as follows.

"No horseman nor any horse shall during any race do anything which

interferes or is likely to interfere with any other horseman and/or horse or its progress."

Mr Nyhan had indicated on the information that he did not admit the

breach of this rule, and he confirmed this at the hearing.

Mrs Williams called the following witnesses.

Mr J. W. Cox gave evidence that he was driving "Jaccka Magnum" in this race. He said that he was moved outwards by Mr Nyhan but that he had nowhere to go as he had horses on his outside. After looking at the video coverage of the incident Mr Cox said that Mr Nyhan had moved his horse outwards, and this had resulted in "Emma Rose" running out of room and breaking. Mr Cox did not accept that Mr Nyhan's horse had caused the problem.

Mr Nyhan did not have any questions to ask Mr Cox about his evidence.

Mr J. T. Keast gave evidence that he was driving "Emma Rose" in this race. He said that there was pressure from his inside and that he ran out of room and broke. Mr Keast was also able to say that there was no contribution to this incident from the horse on his outside. Mr Nyhan did not ask this witness any questions.

Mrs K. R. Williams said that it was the prosecution case that Mr Nyhan had moved outwards with the result that he had pushed "Jaccka Magnum" onto "Emma Rose" causing that horse to break.

Mr Nyhan gave evidence and he did not dispute that interference had occurred. He said that this had been the result of the actions of his horse that had a tendency to put in "a long one" and run out.

I then adjourned to consider my decision. I was satisfied that there was interference to "Emma Rose" which caused that horse to break. After viewing the video coverage of the incident and reviewing the evidence I was also satisfied that Mr Nyhan had directed his horse outwards, and I rejected his assertion that his horse had done this of its own accord.

On returning to the Enquiry Room I gave the following oral decision.

"Having heard the evidence and having seen the video coverage I am satisfied that "Smart Hanover" did move outwards and in doing so caused interference to "Emma Rose" by moving "Jaccka Magnum" onto that horse. As a result "Emma Rose" broke losing its chance.

Your defence to this charge is that it was the horse, and not your driving of it, that caused the interference. I reject this and am satisfied that you moved your horse outwards as alleged. I find the charge proved."

Mr Nyhan had no relevant submissions to make regarding penalty.

I was satisfied that a fine of $200-00 would be appropriate in this case and Mr Nyhan was fined this amount.

Chairman

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hearing_type: Old Hearing

Rules: 869.3.b, 869.4

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